Liter v. Green, 15 U.S. 306 (1817)
U.S. Supreme CourtLiter v. Green, 15 U.S. 306 (1817)
Liter v. Green
15 U.S. 306
In a writ of right, brought under the statute of Kentucky, where the demandant described his land by metes and bounds, and counted against the tenants jointly, it was held that this was matter pleadable in abatement only, and that by pleading in bar, the tenants admitted their joint seizin, and lost the opportunity of pleading a several tenancy.
The tenants could not in this case severally plead, in addition to the mise or general issue, that neither the plaintiff nor his ancestor nor any other under or from whom he derived his title to the demanded premises was ever actually seized or possessed thereof or of any part thereof, because it amounted to the general issue, and was an application to the mere discretion of the court, which is not examinable upon a writ of error.
Quaere whether the tenants could plead the mise severally as to the several tenements held by them, parcel of the demandant's premises, without answering or pleading anything as to the residue.
Under such pleas and the replication prescribed by the statute the mise was joined, the parties, proceeded to trial, and the following general verdict was found, viz.,
"The jury finds that the demandant hath more mere right to hold the tenement, as he hath demanded, than the tenants or either of them have to hold the respective tenements set forth in their respective pleas, they being parcels of the tenement in the count mentioned."
It was held that this verdict, being certain to a common intent, was sufficient to sustain a judgment.
It was also held that a joint judgment against the tenants for the costs, as well as the land, was correct.